Federally Sanctioned Discrimination
{ Nicholas Lazarro }
In 2023 I never thought I’d be writing about federally sanctioned discrimination on the basis of sex. Now some of you might be scratching your heads after watching “On the Basis of Sex” a movie outlining the career of the lateJustice Ruth Bater Ginsburg. However as of the most recent slate of opinions dropped the last day of Pride Month, the rogue Supreme Court has sided with a website designer of 303 Creative based in Colorado.
Unfortunately, Ms. Smith, fearful of “homosexual lifestyle” decided to file a suit against the anti-discrimination executive order from the Colorado Governor. Ms. Smith’s primary arguments surround her first amendment right to free speech and religion. Where have we heard this argument before? Perhaps in the 1960’s? Sadly, we live in a government that wants to prioritize the individual religions of some that have been weaponized to further marginalize other groups.
Now some gay apologists who are still hiding in the “Log Cabin” that republicans are actively blowtorching, have made the argument that if you are refused service, go somewhere else, it’s a capitalist market and Adam Smith’s “invisible hand”‘ will guide the market. However this argument is poorly constructed. It suggests that businesses who are permitted to operate and make profit within the boundaries of the United States now have license to openly discriminate. I was always under the impression that if you decide to open your business to the public that means you are open for everyone.
Now as an entrepreneur and business owner some might suggest,” well hasn’t there been times you’ve refused service or declined a job” my answer: yes. However it was based on the objective difficulty of the task at hand, ability to complete the task, or a disagreement on pricing/ logistics. As a result I could not help them. Never should a business be able to lawfully operate where they can look someone up and down and deny service on something unchangeable. This sets a dangerous precedent for other marginalized communities and tells the lgbtq community that being in business or a part of the business world is a privilege not a right. When in fact full participation in the US market is a right.
My follow up to that would be: what’s next? Can I be denied a hotel room with my spouse? Could a doctor refuse PreP, a safe and effective preventative for HIV? This ruling is a slippery slope and has further emboldened white nationalists and christian fundamentalists to further impose their world view on others. I beg a member of one of these groups to answer me this: if you are so against gay marriage, then don’t marry the same sex? If you are so afraid of gay individuals then maybe YOU shouldn’t be in business? Why are we the ones who should be in hiding? The reason a conservative will never answer this is because it truly isn’t because of their religion. It’s a way to eradicate LGBTQ people from being comfortable in public. That’s why this decision is so dangerous. It’s a new license for this means to be pursued.
To end on a positive note: marriage equality has a favorability rating of 70% as of 2023. The highest EVER. So why do we have rights being reversed? It’s because: although activists work tirelessly, we have not galvanized non-lgbt people into the fight for equality. So I ask every ally, to stand up, write to your legislator, and only vote for candidates who pursue the liberation of the marginalized and EXPANSION of human rights.